SHARES OF COMMON STOCK, SERIES B WARRANTS (EXERCISABLE FOR SHARES) AND SERIES A WARRANTS (EXERCISABLE FOR SHARES) OF INVIVO THERAPEUTICS HOLDINGS CORP. FORM OF UNDERWRITING AGREEMENTUnderwriting Agreement • June 14th, 2018 • Invivo Therapeutics Holdings Corp. • Surgical & medical instruments & apparatus • New York
The undersigned, InVivo Therapeutics Holdings Corp., a company incorporated under the laws of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of InVivo Therapeutics Holdings Corp., the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which Ladenburg Thalmann & Co. Inc. is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.
ASSIGNMENT AND ASSUMPTION OF LEASEAssignment and Assumption of Lease • June 14th, 2018 • Invivo Therapeutics Holdings Corp. • Surgical & medical instruments & apparatus • Massachusetts
This ASSIGNMENT AND ASSUMPTION OF LEASE AND CONSENT OF LANDLORD (this “Assignment”), is made as of May 3, 2018 by and between IN VIVO THERAPEUTICS CORPORATION, a Delaware corporation, having an address at One Kendall Square, Cambridge, MA (“Assignor”), and SHISEIDO AMERICAS CORPORATION, a Delaware corporation having an address at 301 Route 17 North, Rutherford NJ 07070 (“Assignee”).
BY HAND May 7, 2018 Dear Chris:Letter Agreement • June 14th, 2018 • Invivo Therapeutics Holdings Corp. • Surgical & medical instruments & apparatus • Massachusetts
This letter agreement (this “Agreement”) follows our recent discussions about your employment as Chief Financial Officer of InVivo Therapeutics Corporation (“InVivo” or the “Company”).
SUBLEASESublease • June 14th, 2018 • Invivo Therapeutics Holdings Corp. • Surgical & medical instruments & apparatus
This Sublease (this “Sublease”) is made as of the 3rd day of May, 2018 by and between SHISEIDO AMERICAS CORPORATION, a Delaware corporation (“Sublandlord”), and INVIVO THERAPEUTICS CORPORATION, a Delaware corporation (“Subtenant”).
